Constitution of India

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The Constitution of India is the supreme law of India. The document lays down the framework demarcating fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental rights, directive principles, and the duties of citizens. It is the longest written constitution of any country on earth.

Quotes[edit]

  • The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.

Quotes about Article 25 of the Constitution of India[edit]

  • When Hindus believe that the place of birth of Lord Rama was within the disputed site of the Ayodhya temple, such belief partakes the nature of essential part of religion and is protected under Article 25 of the Constitution (right to profess one’s religion), the Lucknow Bench of the Allahabad High Court has held. ... Such an essential part of religion is constitutionally protected under Article 25.
    • J. Venkatesan, 2 October 2010, quoting the Lucknow Bench of the Allahabad High Court. The Hindu: “Hindus’ belief about Lord Rama’s birthplace protected under Article 25” [2] Also quoted in Elst, Koenraad (2012). The argumentative Hindu. New Delhi : Aditya Prakashan. Chapter: Ayodhya’s three history debates.
  • “The Indian Church has reason to be glad that the Constitution of the country guarantees her an atmosphere of freedom and equality with other much stronger religious communities. Under the protection of this guarantee she is able, ever since independence, not only to carry on but to increase and develop her activity as never before without serious hindrance or anxiety.”.... “The question was raised in Parliament as to whether the right to propagate religion was applicable only to Indian citizens or also to foreigners residing in India, for example, the missionaries. In March 1954, the Supreme Court of India expressed its opinion that this right was a fundamental one firmly established in the Constitution and thus applied to everyone citizen and non-citizen alike who enjoyed the protection of India’s laws. With this explanation the missionaries were expressly authorised to spread the faith, thus fulfilling the task entrusted to them by the Church.”....
    • Felix Alfred Planner, The Catholic Church in India: Yesterday and Today, Allahabad, 1964, p. 6-10

Quotes about Article 30 of the Constitution of India (educational institutions)[edit]

  • The Indian Constitution has in effect given less rights to the Hindus ... in several matters. Under Article 30 of the Constitution, minorities have got the most precious right of running educational institutions in accordance with their own cultures and values, but Hindus have been denied this right. ... You cannot find such a perverse provision in the constitution of any independent nation of the world. ... If anybody wants to run in India today a school that imparts education in Islamic or Christian theology, the Central and State Governments will be giving it grants, maybe they would even meet the entire expenses of the school.... But start a school where you want to educate ... about Hindu Dharma and culture ... the burden of funding your school will have to be shouldered by ... voluntary organizations.
    • Abhas Chatterjee, Hindu Nation, quoted from Elst, Koenraad (2001). Decolonizing the Hindu mind: Ideological development of Hindu revivalism. New Delhi: Rupa. 525 ff.
  • Swaminathan Gurumurthy explains:... I am convinced that the Hindus are politically discriminated against. I can prove this with reference to our Constitution. .... Article 30 says that every minority group has the right to establish and run educational institutions of its choice. (...) Jagmohan... sees a 'need for having a close look at the unhealthy and unwholesome implications of Article 30', at the 'disintegrative impact which Article 30 could have on the Indian state in general and Hindu society in particular'.
    • Swaminathan Gurumurthy, Interview, 1990, and Jagmohan (1995), quoted from Elst, Koenraad (2001). Decolonizing the Hindu mind: Ideological development of Hindu revivalism. New Delhi: Rupa. 525 ff.
  • Hindu [educational] institutions have no fundamental right to compensation in case of compulsory acquisition of their property by the state... a lasting solution to this problem lies only in amending Article 30 of the Constitution...
    • K.R. Malkani, quoted in Elst, Koenraad (2001). Decolonizing the Hindu mind: Ideological development of Hindu revivalism. New Delhi: Rupa. 525 ff.
  • Especially the CPM government in West Bengal has been ruthlessly using the constitutional discrimination against Hindu schools for justifying take-overs... Article 30 is far more unjust and harmful than Article 370 which gives a special status to Kashmir. You can better lose that piece of territory than to lose your next generations. It is also a good exercise in separating the genuine secularists from the Hindu-baiters. The demand for equality between all religions in education merely seeks the abrogation of an injustice against the Hindus, so it cannot be construed as directed against the minorities. It wants to stop a blatant case of discrimination on the basis of religion, so everyone who comes out in support of the present form of Article 30, will stand exposed as a supporter of communal discrimination. It is truly a watershed issue.
  • I have said many times in my talks that Ramakrishna Mission is the real crest jewel of Hinduism.... But if the other religious minorities are allowed to run their educational institutions, why are Hindus being discriminated against? My view is that there should be no reverse discrimination on the basis of religion. It should be uniform.
    • Karan Singh quoted from Ram Swarup, (1986). Ramakrishna Mission: In search of a new identity.
  • An active communalism not only postulates that people who share a religion, have common secular interests ; it also grants them (or withholds from them) secular rights on the basis of their belonging to a given religion. Therefore, it is certainly a case of active communalism when we find the secular Constitution of India (which limits its own authority to secular matters), in its Article 30, guaranteeing the secular right to set up educational institutions of their choice exclusively to minorities, including religious minorities. This case of discrimination against the majority community is outright communalism. Yet, no secularist raises his voice against it. On the contrary, when pressed for an opinion, they support it.
    • Quoted from Elst, Koenraad (1991). Ayodhya and after: Issues before Hindu society.
  • With government money comes government control” is an axiom in any country. But the situation in India is unique with regard to minority religions. Under Article 30 of the constitution, “minority” religions are allowed to run educational institutions free from government control, but remain equally eligible for government funding as are institutions run by members of the “majority” religion. For the purposes of the constitution, Jains, Buddhists and Sikhs are considered “Hindus” and hence part of the majority religion. Effectively the provision applies only to Muslims, Christians, and anyone who can get themselves declared a minority religion. One strange consequence of this is that the Vira Saivites of South India successfully argued earlier this century for minority status...
    • Ramakrishna Mission. (1986). Ramakrishna Mission: In search of a new identity.
  • Hindu society is guilty of trying to manage its own affairs at its own sacred site, so it deserves to be punished with administrative restrictions on its access to the Rama-Janmabhoomi, and perhaps with further judicial restrictions later. The judges simply confirm what is explicitly laid down in article 30 of the Constitution: minorities enjoy privileges which are denied to Hindus, including the non-interference by the government in the affairs of their places of worship. Hindus have no right to complain when the government takes over Hindu temples, nor when it works hand-in-glove with Islamic activists trying to take over a Hindu sacred site. They should be satisfied with the status of second-class citizens, to which they have been so well accustomed by centuries of colonial rule, Islamic as well as Christian.
    • K. Elst, Ayodhya: The Case Against the Temple (2002) ====
  • In the 1980s, when the Ramakrish­na Mission deemed it necessary to declare itself a non-Hindu minority (a self-definition challenged in court by its own members and struck down) in order to prevent the West Bengal government from nationalizing its schools.[1] Art.30 constitutes a very serious discrimination on grounds of religion, and is in conflict with the professed secular character of the Indian Republic. In no democratic country would a majority community tolerate such discrimination, and it says a lot about the stranglehold which the secularist intelligentsia has on public discourse that this article hardly ever figures in debates on secularism and communalism. It also says a lot about the meekness of the Hindus in general and about the incompetence of the Hindutva movement in particular. Amending Art.30 to extend the privileges of the minorities to every community including the Hindus would benefit Hindu society as a whole, would terminate a humiliating and damaging inequality, but would not affect the minorities; they retain the rights conceded to them in the present version of Art.30... Article 30 is the Constitutional bedrock of a considerable list of similar anti-Hindu discriminations.[4] Among them is the unequal treatment of Hindu and non-Hindu places of worship. Muslims have full control of their mosques, Christians have full control of their churches, but Hindus are systematically deprived of the control of their temples. Recently the authorities tried (unsuccessfully) to have the Shirdi Sai Baba temple in Hyderabad declared a Hindu temple, because that would allow them to take it over and do what they have been doing everywhere to Hindu temples: siphon the income off to their own pockets or to other non-Hindu purposes. This is a major factor in the dire poverty which Hindu temple priests (whose wages have not been adjusted for decades) and their families suffer.
    • Elst, Koenraad. (1997) BJP vis-à-vis Hindu Resurgence

Quotes about Article 44 of the Constitution of India (Uniform civil code)[edit]

See also Uniform civil code
  • One wonders how long it will take for the Government of the day to implement the mandate of the framers of the Constitution under Article 44. ... There is no justification in delaying indefinitely the introduction of a uniform personal law.
    • Para 30 of the verdict in Supreme Court in the case of Sarla Mudgal vs. Union of India (1995), quoted in Habibullah Badshah Uniform Civil Code - chasing a mirage, quoted from Elst, Koenraad (2001). Decolonizing the Hindu mind: Ideological development of Hindu revivalism. New Delhi: Rupa. p. 551
  • As a group, the secularists, especially the Leftists, have not summoned the courage to insist that in order to ensure the survival of the secular India state, Muslims should accept one common civil code, and that Article 370 of the Constitution, which concedes special rights to Jammu and Kashmir mainly because it is a Muslim-majority state, should be scrapped... Even so I find it extraordinary that those who call themselves modernizers and secularists-the two terms are interchangeable-should shirk the logic of their philosophy of life.
    • Girilal Jain, App. 1, Limits of the Hindu Rashtra, in : Elst, Koenraad: Ayodhya and after, Appendix I
  • An Anti-Common Civil Code Convention was held by Muslims at the Talkatora Indoor Stadium in New Delhi on July 4, 1995. The Convention demanded that the Muslims should be exempted from the purview of Article 44 of the Constitution which envisages such a code. Asad Madani, the chief of the Jamiat, called the demand for a common civil code a conspiracy to finish off the Muslims in India. He advised all Muslims to have four wives to increase the Muslim population and to enhance their influence with the Government. Zafaryab Jilani described the move for a common civil code as anti-Islamic and aimed at finishing Islam in India. Mufti Abdul Razzaq of Bhopal wanted Muslims to wage jihad against the Government and to kill those who opposed Muslim Personal Law. Many more separatist statements were made. If the Muslims were concerned about equality with devotees of other faiths, they would not oppose a common civil code meant for and applicable to all Indians. Instead of opposing it they should grab this opportunity to get into the proposed code all the good things in the Shariat concerning the "high status of women in Islam" about which Muslims are so vociferous.
    • Lal, K. S. (1999). Theory and practice of Muslim state in India. New Delhi: Aditya Prakashan. Chapter 7
  • Many a time aggrieved parties (like divorced Muslim women) have approached the courts for redressal and many a time the Supreme Court has asked the government to explain the steps it has taken for securing uniformity in the personal laws, particularly those of the Muslims, leading to the enactment of a common civil code for all Indians.
    • Lal, K. S. (1999). Theory and practice of Muslim state in India. New Delhi: Aditya Prakashan. Chapter 6

Quotes about Article 51 of the Constitution of India[edit]

  • Fifty-three years after India adopted a Constitution which calls on all citizens to “develop the scientific temper” (Art. 51.A.h), the country’s academic positions are occupied by crackpots. .
    • Elst, Koenraad. Ayodhya, the Finale (2003)

Article 343 and 351 of the Constitution of India (Hindi)[edit]

  • Article 351 of Constitution of India reads “It shall be the duty of the Union to promote the spread of the Hindi language, to develop it so that it may serve as a medium of expression for all the elements of the composite culture of India and to secure its enrichment by assimilating without interfering with its genius, the forms, style and expressions used in Hindustani and in the other languages of India specified in the Eighth Schedule, and by drawing, wherever necessary or desirable, for its vocabulary, primarily on Sanskrit and secondarily on other languages."
  • The official language of the Union shall be Hindi in Devanagari script... for a period of fifteen years from the commencement of this Constitution, the English language shall continue to be used for all the official purposes of the Union...
    • Constitutional provision, Constitution of India, Part XVII - 343, quoted in Elst, Koenraad (2014). Decolonizing the Hindu mind: Ideological development of Hindu revivalism. New Delhi: Rupa, p.6

Quotes about Article 370 of the Constitution of India (Jammu and Kashmir)[edit]

  • Equal status to all states and equal rights to all citizens is the BJP secularism.
    • BJP spokesman K. L. Sharma. Reported in Indian Express, 21/12/1990. Quoted from Elst, Koenraad (1991). Ayodhya and after: Issues before Hindu society.
  • The separate status for the state of Kashmir (Article 370) is again a discrimination in secular matters on the basis of religion, viz. its being a state with a Muslim majority. Nehru sycophants have tried to explain this irresponsible and communalist Article as follows:
    "The special problems of Jammu and Kashmir do not arise only out of the fact of its being a Muslim-majority state. It is also a state coveted by a foreign power which has thrice gone to war with India to capture the state,... whose territory is partly under hostile foreign occupation,... which is geopolitically located in the cockpit of international intrigue." ... But our Nehruvian knows it all better: "It is with a view to addressing ourselves to these very special problems... that the constitutional device of Article 370 was evolved." If that is true, then we must recognize in all sincerity that this device has been ineffective. It has not stopped the Chinese from annexing parts of Karakoram and Ladakh, it has not stopped Pakistan from invading it twice more, it has not prevented the ongoing skirmishes over the Siachen glacier, it has not prevented the general spread of secessionism, it has not prevented the Kashmiri Muslims from practicing majorityism at the expense of the Hindu and Buddhist areas of Jammu and Ladakh and from hounding out the Hindu minority of the Kashmir valley, and it has not given private investors the confidence to go in and bring some genuine economical development. Short, in every geopolitical, communal and even economical respect, it has been an outrageous failure.
    • Mani Shankar Aiyar in Illustrated Weekly of India, 29/7/1990, Quoted from Elst, Koenraad (1991). Ayodhya and after: Issues before Hindu society.

External links[edit]

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